Quote:
Originally posted by notcasesensitive
I just wonder what people think about the legislature basically stepping in and overruling a judge like this. Seems sort of unprecedented in a case that literally only affects 4 people in the state. I find it odd. Maybe you could already tell that.
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Hasn't the question already been decided? That is, a person has a constitutional right to withhold medical care. (or did it come out the other way? good god, I can't remember now). The initial question decided by the court is "what did she want" or at least "who has the power to say what she wanted/would have wanted" It was decided that was to be answered by hubby, who said she wanted to die.
second order question is, once that's been demonstrated, does she have a "right" to die? Answer, IIRC, yes. Although the state may be able to erect evidentiary barriers not met here (yet), such as "clear and convincing evidence of intent."
So, sure, the legislature can pass a law, but it doesn't alter the constitutional analysis. But, yes, I find it tiresome that parties will keep running to whatever legal body might throw them a bone.
and I think this is the photo:
photo
To me that's conveniently pointing a vacant face in the direction of the mother to make it look as if there is a connection. You can do that with a stuffed moose head too, if you get the angles right.
